Apple and Pear Export Underwriting Amendment Act 1986

No. 15 of 1986

Act to amend the Apple and Pear Export Underwriting Act 1981, and for related purposes

[Assented to 13 May 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Apple and Pear Export Underwriting Amendment Act 1986.

(2) The Apple and Pear Export Underwriting Act 19811 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “Audit Act” in sub-section (1) the following definition:

“‘at risk exported fruit’ means exported fruit to which paragraph (b) of the definition of ‘exported fruit’ applies;”;

(b) by omitting from sub-section (1) the definition of “average export return rate” and substituting the following definitions:

“ ‘average at risk export return rate’, in relation to a relevant season in respect of a kind of fruit, means the amount per reputed box determined by the Minister under section 6 to be the average at risk export return rate for that season in respect of that kind of fruit;

‘average forward sale export return rate’, in relation to a relevant season in respect of a kind of fruit, means the amount per reputed box determined by the Minister under section 6 to be the average forward sale export return rate for that season in respect of that kind of fruit;”;

“ ‘forward sold exported fruit’ means exported fruit to which paragraph (a) of the definition of ‘exported fruit’ applies;”;

(d) by omitting from sub-section (1) the definition of “guaranteed minimum export return rate” and substituting the following definitions:

“ ‘guaranteed minimum at risk export return rate’, in relation to a relevant season in respect of a kind of fruit, means the amount per reputed box determined by the Minister under section 5 to be the guaranteed minimum at risk export return rate for that season in respect of that kind of fruit;

‘guaranteed minimum forward sale export return rate’, in relation to a relevant season in respect of a kind of fruit, means the amount per reputed box determined by the Minister under section 5 to be the guaranteed minimum forward sale export return rate for that season in respect of that kind of fruit;”;

(e) by omitting “October 1980” from the definition of “relevant season” in sub-section (1) and substituting “January 1986”; and

(f) by omitting “October” from the definition of “season” in sub-section (1) and substituting “January”.

Act to bind Crown

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) “and of the Northern Territory” and substituting “, of the Northern Territory and of Norfolk Island”; and

(b) by omitting from sub-section (2) “or of the Northern Territory” (wherever occurring) and substituting “, of the Northern Territory or of Norfolk Island”.

Guaranteed minimum export return rates for apples and pears

5. Section 5 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) As soon as practicable after the commencement of the Apple and Pear Export Underwriting Amendment Act 1986, the Minister shall, for the purposes of this Act, determine, in respect of this section, in respect of each kind of fruit, the amount per reputed box that is the guaranteed minimum forward sale export return rate, and the amount per reputed box that is the guaranteed minimum at risk export return rate, for the relevant season that commenced on 1 January 1986 in respect of that kind of fruit.”;

(b) by omitting from sub-section (2) “October 1984” and substituting “January 1990”;

(c) by omitting from sub-section (2) “export return rate” and substituting “forward sale export return rate, and the amount per reputed box that is the guaranteed minimum at risk export return rate,”;

(d) by omitting sub-section (3) and substituting the following sub-sections:

“(3) The amount per reputed box that is the guaranteed minimum forward sale export return rate for a relevant season in respect of a kind of fruit shall be determined in accordance with the formula where A, B and C are the respective returns per reputed box for forward sold exported fruit of that kind exported during each of the 4 calendar years that immediately precede that relevant season other than that one of those 4 calendar years in relation to which the return per reputed box is the lowest.

“(3a) The amount per reputed box that is the guaranteed minimum at risk export return rate for a relevant season in respect of a kind of fruit shall be determined in accordance with the formula where A, B and C are the respective returns per

reputed box for at risk exported fruit of that kind exported during each of the 4 calendar years that immediately precede that relevant season other than that one of those 4 calendar years in relation to which the return per reputed box is the lowest.

“(3b) For the purpose of sub-section (3) or (3a), the return per reputed box in relation to forward sold exported fruit, or at risk exported fruit, of each kind exported during a particular calendar year shall be calculated by dividing the aggregate amount of the net proceeds of export sales of forward sold exported fruit, or at risk exported fruit, as the case requires, of that kind, exported during that calendar year, as determined in accordance with sub-section (3c), by a number equal to the number of reputed boxes of forward sold exported fruit, or at risk exported fruit, as the case requires, of that kind, exported during that calendar year, as determined in accordance with sub-section (3c).

“(3c) The Minister shall—

(a) in the case of any calendar year ending before 1 January 1986—as soon as practicable after the commencement of this sub-section; and

(b) in the case of any other calendar year—as soon as practicable after the end of that calendar year,

having regard to information contained in returns furnished under section 15 or under the regulations in respect of that calendar year or of any period including the whole or a part of that calendar year and to such other information (if any) as the Minister considers appropriate, determine—

(c) the amount that is to be taken to be the aggregate amount of the net proceeds of export sales of forward sold exported fruit, or at risk exported fruit, of each kind, exported during that calendar year; and

(d) the number that is to be taken to be the number of reputed boxes of forward sold exported fruit, or at risk exported fruit, of each kind, exported during that calendar year.”; and

(e) by omitting from sub-section (4) “export return rate” and substituting “forward sale export return rate, or the guaranteed minimum at risk export return rate,”.

Average export return rates for apples and pears

6. Section 6 of the Principal Act is amended—

(a) by inserting in sub-section (1) “forward sale” after “average”;

(b) by inserting in sub-section (1) “forward sold” before “exported fruit” (wherever occurring);

“(1a) As soon as practicable after the end of a relevant season, the Minister shall, for the purposes of this Act, determine, in respect

of each kind of fruit, the amount per reputed box that is the average at risk export return rate for that season in respect of that kind of fruit by—

(a) ascertaining the aggregate of the amounts of the net proceeds of the export sales of at risk exported fruit of that kind exported during that season; and

(b) dividing the amount so ascertained by a number equal to the number of reputed boxes of at risk exported fruit of that kind exported during that season.”; and

(d) by omitting from sub-section (2) “export return rate” and substituting “forward sale export return rate, or the average at risk export return rate,”.

Amount of net proceeds of export sale

7. Section 7 of the Principal Act is amended by omitting from sub-section (1) “paragraph 5 (3) (a) and 6 (1) (a)” and substituting “sub-section 5 (3b) and paragraphs 6 (1) (a) and 6 (1a) (a)”.

Underwriting payments

8. Section 8 of the Principal Act is amended—

(a) by inserting in sub-section (1) “forward sale” after “average”;

(b) by inserting in sub-section (1) “forward sale” after “minimum”;

(d) by inserting after sub-section (1) the following sub-section:

“(1a) Where the average at risk export return rate for a relevant season in respect of the kind of fruit is less than the guaranteed minimum at risk export return rate for that season in respect of that kind of fruit, an underwriting payment is payable in respect of at risk exported fruit of that kind exported during that season.”;

(e) by inserting in sub-section (3) “forward sold” before “exported fruit” (wherever occurring);

(f) by inserting in sub-section (3) “forward sale” after “average”;

(g) by inserting in sub-section (3) “forward sale” after “minimum”; and

(h) by inserting after sub-section (3) the following sub-section:

“(3a) The rate of an underwriting payment in respect of at risk exported fruit exported during a relevant season is an amount per reputed box, or part of a reputed box, in each container of the fruit equal to the amount by which the amount per reputed box that constitutes the average at risk export return rate for that season in respect of the kind of fruit in which the at risk exported fruit is included is less than the amount per reputed box that constitutes

the guaranteed minimum at risk export return rate for that season in respect of that kind of fruit.”.

Furnishing of returns

9. Section 15 of the Principal Act is amended by omitting the penalty at the end of sub-section (4) and substituting the following penalty:

“Penalty:

(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or

(b) in the case of a body corporate—$5,000.”.

Offences in relation to underwriting payments

10. Section 16 of the Principal Act is amended by omitting the penalty at the end of sub-section (1) and substituting the following penalty:

“Penalty:

(a) in the case of a natural person—$2,000 or imprisonment for 12 months, or both; or

(b) in the case of a body corporate—$10,000.”.

Exporter to keep proper books and accounts, &c.

11. Section 18 of the Principal Act is amended by omitting the penalty at the end of sub-section (1) and substituting the following penalty:

“Penalty:

(a) in the case of a natural person—$1,000; or

(b) in the case of a body corporate—$5,000.”.

Regulations

12. Section 21 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) prescribing penalties, not exceeding—

(i) in the case of a natural person—a fine of $500; or

(ii) in the case of a body corporate—a fine of $2,500,

for offences against the regulations.”.

Application

13. (1) Notwithstanding the amendments of the Principal Act made by this Act, the Principal Act as in force immediately before the day on which this Act receives the Royal Assent continues to apply on and after that day to and in relation to exported fruit that has been exported from Australia during the year commencing on 1 October 1980, 1 October 1981, 1 October 1982, 1 October 1983 or 1 October 1984 as if those amendments had not been made.

(2) Nothing in sub-section (1) shall be taken to imply that section 15 of the Principal Act as amended by this Act does not apply to and in

relation to a return or information in respect of exported fruit that has been exported from Australia during a year referred to in sub-section (1) where that return or information is required to be furnished on or after the day on which this Act receives the Royal Assent.

(3) In this section, “exported fruit” has the same meaning as it has for the Principal Act.

NOTE

1. No. 14. 1981.

[Minister’s second reading speech made in—

House of Representatives on 12 February 1986

Senate on 12 March 1986]